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1. The Defendants jointly and severally liable to the Plaintiff KRW 134,700,000 and Defendant B Co., Ltd. from September 1, 2017.
Reasons
1. Determination
A. According to the purport of Gap evidence No. 1-1 and all pleadings, the plaintiff (hereinafter "the plaintiff company") entered into a contract for construction work with the defendant B Co., Ltd. (hereinafter "the defendant company") on January 2017, and the plaintiff company entered into a contract with the subcontractor for construction work with the "E Changho Construction Work" in the "E Changho Construction Work" located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in which the defendant company's subcontractor executes as a subcontractor, and the defendant C jointly and severally guaranteed the defendant company's obligation, and the defendant C completed the above "gallonho Construction Work" part on February 2017.
In light of the above facts, the Defendants are jointly and severally liable to the Plaintiff Company for a payment of KRW 134,70,000 after deducting KRW 60,000,00,000, which was paid by the Plaintiff Company, from the agreed construction work price of KRW 194,70,000 under the contract for construction work as of January 28, 2017 (i.e., KRW 194,70,000 - KRW 60,000) and the above KRW 134,70,000 after the completion of the above contract as of KRW 134,70,000,00, which is the day after the delivery date of the copy of the application for the payment order as of July 28, 2017, which is the day after the date of service of the copy of the application for the payment order as of September 28, 2017.
From August 3, 2017 to February 13, 2020, which is the date of this decision, Defendant C is obligated to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
B. As to the defenses of the Defendants, the Defendants paid 9,00,000 won in addition to KRW 60,000,000, which was paid by the Plaintiff Company, out of the agreed construction cost stipulated in the construction contract agreement of January 2017, as well as KRW 194,70,000, which was paid by the Plaintiff Company.